A friend of Archie Battersbee’s family has said they are hopeful about the Supreme Court’s decision over the withdrawal of his life support.
The 12-year-old was scheduled to have his life support cut off at noon today, but the deadline has been pushed back as Barts Health NHS Trust awaits direction from the Supreme Court.
Speaking outside The Royal London Hospital, family friend Ella Carter said: “We’ve made the application to the Supreme Court this morning to appeal the decision with regards to the United Nation’s request for Archie’s battle to continue.
“Hopefully we should hear back if not today, hopefully tomorrow, whether that’s been accepted.
“We’re hoping that they will accept our appeal and that they will hear our case – it’s been really frustrating.”
Archie's parents Hollie Dance and Paul Battersbee, both from Southend, have filed an application directly with the Supreme Court and a panel of three justices is considering their request.
Archie's parents want the court to order that his treatment should continue to allow the UN Committee on the Rights of Persons with Disabilities (UNCRPD) time to consider their complaint, made last week.
Read more >>> Archie's parents appeal to Supreme Court in bid to extend life-support treatment
A Supreme Court spokeswoman said: "The Supreme Court is aware of the urgency of this matter. A panel of three justices will consider the application for permission to appeal 'on paper', in the usual way."
Archie's treatment had been due to be withdrawn on Monday, after a High Court judge concluded that would be "lawful" and in his best interests, and the family had exhausted all routes of appeal.
The Court of Appeal refused permission to challenge that ruling last week, but the case was brought back before the court on Monday after the UNCRPD requested that the Government "refrain from withdrawing" Archie's treatment while it considers the complaint from his parents.
A letter sent on Sunday on behalf of Health Secretary Steve Barclay asked the court to urgently review the matter in light of the committee's request.
However, Sir Andrew McFarlane, president of the Family Division of the High Court, said on Monday that the Convention on the Rights of Persons with Disabilities, under which the UN committee made its request, is an "unincorporated international treaty".
Sir Andrew said: "It is not part of the law of the United Kingdom ... and it is not appropriate for this court to apply an unincorporated international treaty into its decision-making process.
"Every day that (Archie) continues to be given life-sustaining treatment is contrary to his best interests and so a stay, even for a short time, is against his best interests."
The judge said that was the decision taken in the courts of England and Wales.
Archie was found unconscious at his home by his mother on April 7 and has not regained consciousness since. She believes he was taking part in an online challenge.
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